08.08_Attachment_1_-_SOW_Rev._7-22-2019.pdf

STATEMENT OF WORK DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

Office of the Principal Legal Advisor Houston, TX Chief Counsel Office Courier Service

Revised July 22, 2019

1. BACKGROUND

The office of the principal legal Advisor (OPLA) provides the legal advice, training, and services required to support the ICE Mission while defending the immigration laws of the United States in the administrative and federal courts. Pursuant to section 442(c) of the Homeland Security Act, OPLA is the exclusive legal representative for ICE and the DHS legal component authorized to represent the government in all exclusion, deportation, and removal proceedings before the Executive Office of Immigration Review.

As the legal representative for the U.S. government at immigration court hearings, OPLA attorneys handle a variety of immigration-related issues that range from contested removals to custody detentions to applications for administrative relief. Most of the hearings involve criminal aliens, terrorists, and human rights abusers, among others.

2 SCOPE

OPLA's Houston, TX Chief Counsel Office (CCO) requires courier service to transport files and/or documents between the six chief counsel offices.

3. REQUIREMENT

The contractor shall retrieve Government-provided locked bins containing files and/or mail, load and transport them to and from the following addresses as specified under Section 4 of this Statement of Work as follows:

Mickey Leland Federal Bldg., 1919 Smith Street, Suite 10046, Houston, TX 77002 126 Northpoint Drive, Room 2020, Houston, TX 77060 5520 Greens Road, Houston, TX, 77032 Montgomery Processing Center, 800 Hilbig, Conroe, TX 77301 126 Northpoint Drive, Room 2020, Houston, TX 77060

Monday through Friday except federal holidays between the hours of 7:30am and 1:00pm. Pickup will typically consist of 1-25 locked bins containing files and/or mail, weighing approximately 10-60 pounds each. The transportation of all bins shall be accomplished during the required times.

The contractor shall become familiar with and comply with the entrance and exit procedures for each location.

The contractor or any of its representatives shall not open the locked bins, read or peruse through any materials or documents, or remove any documentation from the bins at any time.

The contractor shall secure the contents of the bins at all times and take all necessary precautions to protect against theft, loss or damage.

When picking up or delivering locked bins, the Courier Service representative will obtain a signature at each office verifying pickup or delivery of locked boxes.

4. DETAILED TASKS

Daily Schedule:

The contractor shall perform the courier services Monday through Friday, with exception of federal holidays or when the federal buildings are closed for other reasons beyond the control of OPLA OCC. Pick ups will consist of 1-13 locked bins containing files and / or mail, weighing approximately 10-60lbs each. The Houston OCC sets the time for pick-up and delivery of files and/or mail and determined the following schedule is necessary:

1. Pick up only locked bins containing files and/or mail at 1801 Smith Street, Suite 1090, Houston, TX 77020 no later than 7:00am

2. Pick up only locked bins containing files and/or mail at Mickey Leland Federal Building, 1919 Smith Street, Suite 10046, Houston, TX 77002 between 7:30am and 8:00am (loading dock does not open until 7:30am)

3. Deliver and pick up locked bins to the Houston Chief Counsel’s Office, 126 Northpoint Drive, Room 2020, Houston, TX 77060, no later than 8:30am

4. Deliver and pick up locked bins to the Houston

Contract Detention Facility (HCDF), 5520 Greens Road, Houston, TX 77032 no later than 9:15am

5. Deliver and pick up locked bins containing files and/or mail at

Montgomery Processing Center , 800 Hilbig Road, Conroe, TX 77301 no later than 10:30am

6. Deliver and pick up locked bins to the Houston Chief Counsel’s Office, 126 Northpoint Drive, Room 2020, Houston, TX 77060 no later than 11:00am

7. Deliver and pick up locked bins to US Citizenship and Immigration Services, 810 Gears Rd, Houston, TX 77002 no later than 11:30am

8. Deliver and pick up lock bins at the Houston Chief

Counsel’s Office, 126 Northpoint Drive, Room 2020 Houston, TX 77060 no later than 11:45am

9. Deliver only locked bins to 1801 Smith Street, Suite 1090 Houston, TX 77020 no later than 12:30pm

10. Deliver only locked bins to Mickey Leland Federal

Building, 1919 Smith Street, Suite 10046, Houston, TX 77002 no later than 12:45pm

Federal Holidays:

The contractor is not required to perform services on the legal holidays observed by ICE and identified below. Any legal holiday falling on a weekend may be observed on the Friday prior or the Monday following at the Agency's discretion. Some holidays may include more than one day. For those subsequent days, courier services will not be required.

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

Presidents Day Veteran's Day

Memorial Day Thanksgiving (but not the day after)

Independence Day Christmas Day

Daily Activity Log:

The contractor shall develop and maintain a daily activity log to track the activities between the designated locations. The log shall contain the date, time, contents of each cart (i.e. number of boxes and/or files) and signature of a Government representative for the pickup and delivery of each cart in a run. The contractor shall provide a copy of the log to the Government in contractor format. The log shall be delivered on a monthly basis on the 5th day of each month.

The first delivery shall occur during the second month of performance and continue through contract performance. The contractor shall deliver an electronic copy of the log to the Houston, TX OCC POC, or available office personnel, with a daily delivery receipt verifying all deliveries.

5. GOVERNMENT FURNISHED PROPERTY

The Government will provide a sufficient number of locked bins as required for transport between the designated locations.

6. PERIOD OF PERFORMANCE

The period of performance will consist of one (1) 12-month base period and four (4) 12-month option periods for a total duration of 60 months.

Period of Performance Base Period

Dates of Performance 09/25/2014 - 09/24/2015

Duration 12 months

Option Period One 09/25/2015 - 09/24/2016 12 months Option Period Two 09/25/2016 - 09/24/2017 12 months Option Period Three 09/25/2017 - 09/24/2018 12 months Option Period Four 09/25/2018 - 09/24/2019 12 months

7. GOVERNMENT POINTS OF CONTACT

In the event the contractor encounters problems that may prevent the completion of the required service, the contractor shall immediately notify the primary Government POC identified below:

Primary POC: Reginald Teague, Mission Support Specialist 7701 North Stemmons Freeway Dallas, TX 75247-4232

(214) 905-5428 reginald.teague@ice.dhs.gov

Secondary POC: Jose Alcala, Mission Support Specialist

126 Northpoint Drive Houston, TX 77060

(281) 931-2031 jose.alcala@ice.dhs.gov mailto:reginald.teague@ice.dhs.gov mailto:jose.alcala@ice.dhs.gov

This Security Language is to be used for Sensitive But Unclassified Contracts

Do not alter this language.

Additional Program Office specific contract requirements should be incorporated into Statement of Work/Objectives outside of this language.

Language last modified 3/17/2016 to describe documents required for vetting which match notification e-mail being sent to applicants. (this is now superseded with the 1/1/2017 update)

Language last modified 5/2/2016 to clarify that required reports are to be submitted via the

COR.

Language last modified 1/1/2017 to describe electronic security packet submission.

Language last modified 9/13/2018 to include specifics on Information Security and unauthorized disclosure.

Language last modified 9/30/2018 to clarify residency requirement.

Language last modified 4/26/2019 to include reference to DHS Instruction 121-01-007-001

REQUIRED SECURITY LANGUAGE FOR

SENSITIVE /BUT UNCLASSIFED (SBU) CONTRACTS

SECURITY REQUIREMENTS

GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract requires that the Contractor, subcontractor(s), vendor(s), etc.

(herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

PRELIMINARY FITNESS DETERMINATION

ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for contractor employees, based upon the results of a Fitness screening process. ICE may, as it deems appropriate, authorize and make a favorable expedited preliminary Fitness determination based on preliminary security checks. The preliminary Fitness determination will allow the contractor employee to commence work temporarily prior to the completion of a Full Field Background Investigation. The granting of a favorable preliminary Fitness shall not be considered as assurance that a favorable final Fitness determination will follow as a result thereof. The granting of preliminary Fitness or final Fitness shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary Fitness determination or final Fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable preliminary Fitness determination or final Fitness determination by OPR-PSU. Contract employees are processed under DHS Instruction 121-01-007-001 (Personnel Security, Suitability and Fitness Program), or successor thereto;

those having direct contact with Detainees will also have 6 CFR § 115.117 considerations made as part of the Fitness screening process. (Sexual Abuse and Assault Prevention Standards) implemented pursuant to Public Law 108-79 (Prison Rape Elimination Act (PREA) of 2003)

BACKGROUND INVESTIGATIONS

Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information and/or ICE Detainees, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted.

Background investigations will be processed through the Personnel Security Unit. Contractor employees nominated by a Contracting Officer Representative for consideration to support this contract shall submit the following security vetting documentation to OPR-PSU, through the Contracting Officer Representative (COR), within 10 days of notification by OPR-PSU of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system.

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form completed on-line and archived by the contractor employee in their OPM e-QIP account.

2. Signature Release Forms (Three total) generated by OPM e-QIP upon completion of

Questionnaire (e-signature recommended/acceptable – instructions provided to applicant by OPR-PSU). Completed on-line and archived by the contractor employee in their OPM e-QIP account.

3. Two (2) SF 87 (Rev. December 2017) Fingerprint Cards. (Two Original Cards sent via COR to OPR-PSU)

4. Foreign National Relatives or Associates Statement. (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

6. Optional Form 306 Declaration for Federal Employment (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

7. If occupying PREA designated position: Questionnaire regarding conduct defined under

6 CFR § 115.117 (Sexual Abuse and Assault Prevention Standards) (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

8. One additional document may be applicable if contractor employee was born abroad. If applicable, additional form and instructions will be provided to contractor employee. (If applicable, the document will be sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

Contractor employees who have an adequate, current investigation by another Federal Agency may not be required to submit complete security packages; the investigation may be accepted under reciprocity.

The questionnaire related to 6 CFR § 115.117 listed above in item 7 will be required for positions designated under PREA.

An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years. (Executive Order 13488 amended under Executive Order 13764/DHS Instruction 121-01-007-01)

Required information for submission of security packet will be provided by OPR-PSU at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU as notified by the COR.

To ensure adequate background investigative coverage, contractor employees must currently reside in the United States or its Territories. Additionally, contractor employees are required to have resided within the Unites States or its Territories for three or more years out of the last five (ICE retains the right to deem a contractor employee ineligible due to insufficient background coverage). This time-line is assessed based on the signature date of the standard form questionnaire submitted for the applied position. Contractor employees falling under the following situations may be exempt from the residency requirement: 1) work or worked for the U.S. Government in foreign countries in federal civilian or military capacities; 2) were or are dependents accompanying a federal civilian or a military employee serving in foreign countries so long as they were or are authorized by the U.S. Government to accompany their federal civilian or military sponsor in the foreign location; 3) worked as a contractor employee, volunteer, consultant or intern on behalf of the federal government overseas, where stateside coverage can be obtained to complete the background investigation; 4) studied abroad at a U.S. affiliated college or university; or 5) have a current and adequate background investigation (commensurate with the position risk/sensitivity levels) completed for a federal or contractor employee position, barring any break in federal employment or federal sponsorship.

Only U.S. Citizens and Legal Permanent Residents are eligible for employment on contracts requiring access to DHS sensitive information unless an exception is granted as outlined under DHS Instruction 121-01-007-001. Per DHS Sensitive Systems Policy Directive 4300A, only U.S. citizens are eligible for positions requiring access to DHS Information Technology (IT) systems or positions that are involved in the development, operation, management, or maintenance of DHS IT systems, unless an exception is granted as outlined under DHS Instruction 121-01-007-001.

TRANSFERS FROM OTHER DHS CONTRACTS:

Contractor employees may be eligible for transfer from other DHS Component contracts provided they have an adequate and current investigation meeting the new assignment requirement. If the contractor employee does not meet the new assignment requirement a DHS 11000-25 with ICE supplemental page will be submitted to OPR-PSU to initiate a new investigation.

Transfers will be accomplished by submitting a DHS 11000-25 with ICE supplemental page indicating “Contract Change.” The questionnaire related to 6 CFR § 115.117 listed above in item 7 will be required for positions designated under PREA.

CONTINUED ELIGIBILITY

ICE reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee whose actions conflict with Fitness standards contained in DHS Instruction 121-01- 007-01, Chapter 3, paragraph 6.B or who violate standards of conduct under 6 CFR § 115.117. The Contracting Officer or their representative can determine if a risk of compromising sensitive Government information exists or if the efficiency of service is at risk and may direct immediate removal of a contractor employee from contract support. The OPR-PSU will conduct periodic reinvestigations every 5 years, or when derogatory information is received, to evaluate continued Fitness of contractor employees.

REQUIRED REPORTS

The Contractor will notify OPR-PSU, via the COR, of all terminations/resignations of contractor employees under the contract within five days of occurrence. The Contractor will return any expired ICE issued identification cards and building passes of terminated/ resigned employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit.

The Contractor will report any adverse information coming to their attention concerning contractor employees under the contract to the OPR-PSU, via the COR, as soon as possible. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the contractor employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, through the COR a Quarterly Report containing the names of contractor employees who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation). The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy.

CORs will submit reports to psu-industrial-security@ice.dhs.gov

Contractors, who are involved with management and/or use of information/data deemed “sensitive” to include ‘law enforcement sensitive” are required to complete the DHS Form 11000-6-Sensitive but Unclassified Information NDA for contractor access to sensitive information. The NDA will be administered by the COR to the all contract personnel within 10 calendar days of the entry on duty date. The completed form shall remain on file with the COR for purpose of administration and inspection.

Sensitive information as defined under the Computer Security Act of 1987, Public Law 100-235 is information not otherwise categorized by statute or regulation that if disclosed could have an adverse impact on the welfare or privacy of individuals or on the welfare or conduct of Federal programs or other programs or operations essential to the national interest. Examples of sensitive information include personal data such as Social Security numbers; trade secrets; system vulnerability information;

pre-solicitation procurement documents, such as statements of work; and information pertaining to law enforcement investigative methods; similarly, detailed reports related to computer security deficiencies in internal controls are also sensitive information because of the potential damage that could be caused by the misuse of this information. All sensitive information must be protected from loss, misuse, modification, and unauthorized access in accordance with DHS Management Directive 11042.1, DHS Policy for Sensitive Information and ICE Policy 4003, Safeguarding Law Enforcement Sensitive Information.”

Any unauthorized disclosure of information should be reported to ICE.ADSEC@ICE.dhs.gov.

SECURITY MANAGEMENT

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor.

The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements.

INFORMATION TECHNOLOGY SECURITY CLEARANCE

When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS MD 4300.1, Information Technology Systems Security. or its replacement. Contractor employees must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractor employees who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT

In accordance with Chief Information Office requirements and provisions, all contractor employees accessing Department IT systems or processing DHS sensitive data via an IT system will require an ICE issued/provisioned Personal Identity Verification (PIV) card. Additionally, Information Assurance Awareness Training (IAAT) will be required upon initial access and annually thereafter. IAAT training will be provided by the appropriate component agency of DHS.

Contractor employees, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices, systems rules of behavior, to include Unauthorized Disclosure Training, available on PALMS or by contacting ICE.ADSEC@ICE.dhs.gov. Department contractor employees, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security.

All personnel who access Department information systems will be continually evaluated while performing these duties. System Administrators should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO).